When Supreme Court Justice Elena Kagan read aloud from the 1996 Report to Congress that accompanied the passage of the Defense of Marriage Act, there were audible gasps of shock in the courtroom, according to several people who attended oral arguments Wednesday.
“I’m going to quote from the House Report here,” Kagan had said ”… ‘Congress decided to reflect and honor of collective moral judgment and to express moral disapproval of homosexuality.’ Is that what happened in 1996?”
“Does the House Report say that?” replied Paul Clement, the attorney defending DOMA. “Of course, the House Report says that. And if that’s enough to invalidate the statute, then you should invalidate the statute.”
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